Should Juveniles be Transferred to Adult Criminal Court in the….pdfVIP

SHOULD JUVENILES BE TRANSFERRED TO ADULT CRIMINAL COURT IN THE CRIMINAL JUSTICE SYSTEM ? BUKI BARUWA I. INTRODUCTION Collectively, the Supreme Court has held that juveniles are not as culpable as the average adult criminal.1 The Supreme Court has credited juveniles’ reduced culpability to their deficient intellectual functions.2 The Court described juveniles as irresponsible, vulnerable, and lacking in control and identity.3 Thus, juveniles should not be transferred to adult criminal court. The main goals of the juvenile justice system in the United States are skill development, rehabilitation, treatment, maintaining public safety, and successful reintegration of juvenile s to their community.4 In most jurisdictions, juveniles who are accused of committing a criminal or delinquent act are typically subject to discipline through the juvenile justice system.5 Generally, juvenile courts have original jurisdiction over juveniles charged with a crime if they are under the age of eighteen at the time of arrest, time of the offense, or when they are referred to the court.6 However, in certain cases our criminal justice system decides that juveniles are culpable 1 See generally Roper v. Simmons, 543 U.S. 551 (2005) (holding that juveniles cannot receive the death penalty because of scientific differences between juveniles and adults). 2 Id. at 569-75. 3 Thompson v. Oklahoma, 487 U.S. 815, 835 (1988). 4 Juvenile Justice and Delinquency Prevention, /youth- topics/juvenile-justice (last visited Nov. 23, 2012). 5 Id. 6 Prosecuting Juveniles in the Adult Criminal Justice System: Key Issues and Recommendations for Arizona , CHILDREN ’S ACTION ALLIANCE 1, 6 (June 2003), /wp-content/uploads/2013/01/Prosecuting-Juv-as-Adult- 2003.pdf [hereinafter Prosecuting Juveniles].